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2017 (1) TMI 288 - AT - Central ExciseReversal of MODVAT credit - input lying in stock, and contained in WIP and finished stock lying on the date of exemption notification i.e. 29-2-2000 - Held that: - The Cenvat credit was availed by the appellant during the period when the final, product i.e. Tooth powder was dutiable therefore the availment of credit was legally permissible. No provision in the Cenvat credit rules existed which provides for reversal of credit which was legally availed in case of final product gets exempted after availing the credit. As regard the Commissioner(Appeals) rejection of refund on limitation, I find that appellant his admittedly paid the duty 'under protest' and it is not appellant who delayed the filing the refund but it is department who delayed in deciding the issue raised by the appellant - In my considered view, even the appellant was not required to file any refund claim, they could have taken the credit after issue on merit was settled in various judgments including case of Ashok Iron And Steel Ltd [2002 (1) TMI 91 - CEGAT, NEW DELHI]. Therefore there is absolutely no case that refund being time bar. The appellant is legally entitle for the refund alongwith consequential interest - appeal allowed - decided in favor of appellant.
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